DEPARTMENT OF THE INTERIOR
OFFICE OF INDIAN AFFAIRS
MIAMI TRIBE OF OKLAHOMA
RATIFIED JUNE 1, 1940
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1940
CORPORATE CHARTER OF THE MIAMI TRIBE OF OKLAHOMA
A FEDERAL CORPORATION CHARTERED UNDER THE ACT OF JUNE 26, 1936
Whereas, the Miami Tribe of Oklahoma constitutes a recognized tribe of Indians residing in Oklahoma, organized under a constitution and by-laws approved by the Assistant Secretary of the Interior on August 16, 1939, and ratified by the Indians of the said Tribe on October 10, 1939, pursuant to section 3 of the Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967) ; and
Whereas, the said Tribe, by resolution of the Miami Business Committee duly authorized, has requested that a charter of incorporation be issued to the said Tribe, subject to ratification by a vote of the members of the Tribe;
Now, therefore, I, W. C. Mendenhall, Acting Assistant
Secretary of the Interior, by virtue of the authority conferred upon me
by the said act of June 26, 1936, do hereby issue this charter of incorporation
to the Miami Tribe of Oklahoma, to be effective from and after such time
as it may be ratified by a majority vote of the adult members of the Miami
Tribe voting: Provided, however, That such election shall
be void unless the total vote cast be at least 30 percent of those entitled
1. The corporate purposes of the Miami Tribe of Oklahoma shall be:(a) To define and safeguard the rights and powers of the Miami Tribe of Oklahoma and its members;
|Name, Membership, and Organization.||
2. The name of this corporation shall be the Miami Tribe of Oklahoma, as provided in the Constitution and By-laws of the said tribe. The membership, the officers, and the management of the incorporated tribe shall be as provided in the said constitution and by-laws.
3. The Miami Tribe of Oklahoma, subject to any restrictions contained in the Constitution and laws of the United States or in the Constitution and By-laws of the Tribe, and subject to the limitations of sections 4 and 5 of this Charter, shall have the following corporate powers as provided by section 3 of the Oklahoma Indian Welfare Act of June 26, 1936.(a) To have succession by its corporate name perpetually.
|Limitations of Corporate Powers.||
4. The foregoing corporate powers shall be subject to the following limitations:(a) No tribal land or interest in land shall ever be sold or mortgaged.
|Departmental Review of Corporate Acts.||
5. Until ten years from the date of ratification of this Charter, or such other date as may be fixed pursuant to section 6, the following corporate acts or transactions shall be valid only after approval by the Secretary of the Interior or his duly authorized representative:(a) Any contract involving a payment by the Tribe of more than $300, or of more than $100 in any one year.
|Extension and Termination of Supervisory Powers.||
6. At any time within ten years after the ratification of this Charter, any power of review established by section 5 may be terminated by the Secretary of the Interior with the consent of the Miami Council. At or before the expiration of this ten-year period, the Secretary may propose a further extension of this period. Such proposed extension shall be effective unless disapproved by a three-fourths vote of the Miami Council.
|Corporate Rights and Property.||
7. Any rights and powers heretofore vested in the Miami Tribe of Oklahoma, not expressly referred to in the Constitution, By-laws or Charter of the said Tribe, shall not be abridged, but may be exercised by the people of the Miami Tribe of Oklahoma, through the adoption of appropriate additions and amendments to the Constitution, By-laws or Charter of the said Tribe. No property rights or claims of the Miami Tribe existing prior to the ratification of this Charter shall be in any way impaired by anything contained in this Charter. The tribal ownership of unallotted lands, whether or not occupied by any particular individual, is hereby expressly recognized. The individually owned property of members of the Tribe shall not be subject to any corporate debts or liabilities without such owners' consent.
8. This Charter shall not be revoked or surrendered except by an act of Congress, but amendments may be proposed by a majority vote of the Business Committee or by a petition signed by 30 per cent of the adult members of the Tribe. Such amendments, if approved by the Secretary of the Interior, shall be submitted to a referendum vote of all the adult members of the Tribe, and shall be effective if approved by a majority vote.
9. This Charter shall be effective from and after the date of its ratification by a majority vote of the adult members of the Miami Tribe of Oklahoma, provided that at least 30 per cent of the eligible voters shall vote, such ratification to be formally certified by the Superintendent of the Quapaw Agency and by the Chief and Secretary-Treasurer of the Tribe.
W. C. MENDENHALL,
WASHINGTON, D. C., April 15, 1940.
I, W. C. Mendenhall, the Acting Assistant Secretary of the Interior of the United States of America, by virtue of the authority granted me by the Act of June 26, 1936 (49 Stat. 1967), do hereby approve the attached charter of the Miami Tribe of Indians of Oklahoma, subject to ratification by the Tribe in the manner therein provided.
Upon ratification of this Charter all rules and regulations heretofore promulgated by the Interior Department or by the Office of Indian Affairs, so far as they may be incompatible with any of the provisions of the said Charter and the Constitution and By-laws, approved by me August 16, 1939, and duly ratified by the Tribe on October 10, 1939, are declared inapplicable to the Miami Tribe of Oklahoma.
All officers and employees of the Interior Department are ordered to abide by the provisions of the said Constitution and By-laws, and the Charter if, and when, ratified by the Tribe.
Approval recommended: April 5,1940.
F. H. DAIKER,
Assistant to the Commissioner of Indian Affairs.
W. C. MENDENHALL,
WASHINGTON, D. C., April 15, 1940.
Pursuant to section 3 of the Act of June 26, 1936 (49 Stat. 1967), this Charter, issued on April 15, 1940, by the Acting Assistant Secretary of the Interior to the Miami Tribe of Oklahoma was duly submitted for ratification to the adult members of the Tribe, and was on June 1, 1940, duly accepted by a vote of 51 for, and none against, in an election in which over 30 percent of those entitled to vote cast their ballots.
HARLEY T. PALMER,
H. A. ANDREWS,
Supt., Quapaw Indian Agency.